Mrs. Bono Mack (for
herself, Mr. Barrow, and
Mr. Barton of Texas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce

A BILL

To prohibit the installation on a computer of certain
peer-to-peer file sharing software without first providing
notice and obtaining consent from the owner or authorized user of the
computer.

1.

Short title

This Act may be cited as the
Informed P2P User
Act.

2.

Conduct
prohibited

(a)

Improper
installation without notice and consent

It is unlawful for any person who is not
the owner or authorized user of a protected computer to cause or induce the
owner or authorized user of the protected computer to install any component of
a peer-to-peer file sharing program that intentionally obtains files on the
protected computer, or makes such files available to another computer without
first providing clear and conspicuous notice that such program obtains files on
the protected computer, or makes such files available to another computer, and
obtaining the informed consent to the installation of such program for such
activities from the owner or authorized user of the protected computer.

(b)

Preventing the
disabling or removal of certain software

It is unlawful for any person who is not
the owner or authorized user of a protected computer to prevent reasonable
efforts by such owner or authorized user to—

(1)

block the installation of a peer-to-peer
file sharing program that intentionally obtains files on the protected
computer, or makes such files available to another computer; or

(2)

disable or remove any peer-to-peer file
sharing program that intentionally obtains files on the protected computer, or
makes such files available to another computer.

3.

Enforcement

(a)

Unfair and
deceptive acts and practices

A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).

(b)

Federal Trade
Commission enforcement

The Federal Trade Commission shall enforce
this Act in the same manner, by the same means, and with the same jurisdiction
as though all applicable terms and provisions of the Federal Trade Commission
Act were incorporated into and made a part of this Act.

4.

Definitions

As used in this Act—

(1)

the term
protected computer has the meaning given such term in section
1030(e)(2) of title 18, United States Code; and

(2)

the term
peer-to-peer file sharing program means computer software that
allows the computer on which such software is installed—